West Bengal

StateCommission

RC/42/2010

Sri Ashok Das. - Complainant(s)

Versus

Modassar Hossain. - Opp.Party(s)

Mr. Alokesh Manna.

06 May 2010

ORDER


31, Belvedere Road, Kolkata - 700027

STATE CONSUMER DISPUTES REDRESSAL COMMISSION

WEST BENGAL

BHAWANI BHAWAN (Gr. Floor),
RP No. 42 Of 2010
(Arisen out of Order Dated 04/03/2010 in Case No. EX/245/2006 of District Murshidabad DF , Berhampore)
1. Sri Ashok Das.Directors of Rupa Engineering Pvt. Ltd., S/o Late Gour Mohan Das, Residence & Office - 3/7/1, Brojonath Lahiri Lane,Baksara, P.S. Shibpur, Dist.Howrah-711 110. ...........Appellant(s)

Versus
1. Modassar Hossain.S/o Late Khairul Haque, Dak Banglow More, P.O. Ratanpur, Dhuliyan, Dist. Murshidabad2. Prabhat Kumar PalI.D.O., Raghunathganj, Samserganj, P.O. Dhuliyan, Dist. Murshidabad3. General Manager, District Industries CentreP.O. & P.S. - Berhampur, District - Murshidabad ...........Respondent(s)

BEFORE :
HON'BLE JUSTICE ALOKE CHAKRABARTI PRESIDENTMR. A K RAY MemberMRS. SILPI MAJUMDER Member
PRESENT :Mr. Alokesh Manna., Advocate for the Petitioner 1

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ORDER

No. 1/06.05.2010.

 

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

 

Heard Mr. Alokesh Manna, the Ld. Advocate for the Revision Petitioner.  It appears that the grievance of the Revisionist is that by reason of non-cooperation on the part of the Decree Holder the compliance of the order as regards replacement of the machine concerned was not possible and the impugned order deprives JDR his rights under original judgement.  We have perused the order of the Forum in the execution case which is impugned herein.  It also appears to us there is no irregularity in the order and final order in the proceeding has been confirmed upto the Hon’ble National Commission is not being complied with by reason of non-cooperating stand of the parties including the JDR.   In the circumstances the order passed by the Forum which is impugned order herein appears to be correct and we do not find any ground to interfere.  It also appears to us that as replacement has become impossible due to non-cooperating conduct of parties as recorded by the Forum also, the only way to complete the proceeding is refund of the amount as directed.  Therefore, the revision petition is dismissed.

 

PRONOUNCED :
Dated : 06 May 2010

[HON'BLE JUSTICE ALOKE CHAKRABARTI]PRESIDENT[MR. A K RAY]Member[MRS. SILPI MAJUMDER]Member